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Home My WebLink AboutSUB200700240 Staff Report 2007-08-21��'IRGIN1P� ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY Project Name: Michael Weber — SUB 07- Staff: Megan Yaniglos, Planner; Allan 240 Schuck- Engineer Planning Commission Public Hearing: Board of Supervisors Hearing: August 28, 2007 Not appli cable Owners: Michael or Alison Weber Applicant: Roger Ray Acreage: 6.161 Rezone from: Not applicable Special Use Permit for: Not applicable TMP: Tax Map 73, Parcel 31 A By -right use: RA — Single- family residential and agricultural uses Location: Located at the intersection of Dry Bridge Road (Route 708) with Dick Woods Road (Route 637) Magisterial District: Samuel Miller Proffers /Conditions: n/a Requested # of Dwelling Lots: 2 DA — n/a RA — 6.161 acres Proposal: Applicant proposes to create one Comp. Plan Designation: The additional lot. The current plan requires a Comprehensive Plan designates this property waiver in order for the existing dwelling and as Rural Area in Rural Area 3. the new lot to have separate points of access. Character of Property: This property is Use of Surrounding Properties: Property is mostly wooded with a single family residence. adjacent to multiple single family residences and agricultural farms. Factors Favorable: (multiple — see report) Factors Unfavorable: (multiple — see report) RECOMMENDATION: Staff finds that the request to waive the requirement of Section 14- 404(A) is appropriate in this circumstance, and therefore recommends approval of this waiver. STAFF CONTACT: PLANNING COMMISSION: AGENDA TITLE: PROPERTY OWNER/APPLICANT: BACKGROUND: Megan Yaniglos, Planner August 28, 2007 SUB 07 -240 Michael J. Weber - Waiver Request Michael Weber/ Roger Ray & Associates The request is for a waiver to allow each lot in a proposed two lot subdivision to gain access from separate public streets. Proposed Lot 1 would gain access from Dry Bridge Road [Route 7081 and proposed Lot 2 would gain access from Dick Woods Road [Route 637]. The applicant has submitted an exhibit [Attachment B] that shows TMP 73 -31A being subdivided into two parcels. Proposed Lot 2 contains an existing dwelling and driveway that enters Dick Woods Road. Proposed Lot 1 will enter from Dry Bridge Road. The new proposed driveway for Lot 1 is located approximately 400 feet to the west of the existing intersection of Dry Bridge Road and Dick Woods Road. VDOT has confirmed that each driveway will meet VDOT's requirements for sight distance, if the waiver is granted. DISCUSSION: This section of the Subdivision Ordinance serves to limit the number of new entrances off of existing public roads, and thereby reduce conflict points in the flow of traffic. Pursuant to Section 14 -404 of the Albemarle County Code, each lot shall have immediate vehicular access onto a public street or a private road as follows: 14 -404 Lot location to allow access from lot onto street or shared driveway. Each lot within a subdivision shall be located as follows: A. Each lot, other than a corner lot within the development areas, shall have reasonable access to the building site from only one street, shared driveway or alley established at the same time as the subdivision; provided that a lot may be located so that its driveway enters only onto a public street abutting the subdivision if.• (i) the commission grants a waiver under subsection (C); (ii) the subdivider obtains an entrance permit from the Virginia Department of Transportation for the access; (iii) the entrance complies with the design standards set forth in sections 14- 410(F) and 14- 410(G); and (iv) the subdivider demonstrates to the agent prior to approval of the final plat that the waiver does not violate any covenants to be recorded for the subdivision. For purposes of this section, the term "reasonable access" means a location for a driveway or, if a driveway location is not provided, a location for a suitable footpath from the parking spaces required by the zoning ordinance to the building site; the term "within the subdivision" means within the exterior boundary lines of the lands being divided. In accordance with section 14- 404(C), the Commission may approve a waiver or variation if it finds that: (i) the county engineer recommends an alternative standard; or No alternative standard is recommended by the county engineer. (ii) because of unusual size, topography, shape of the property, location of the property or other unusual conditions, excluding the proprietary interests of the subdivider, strict application of the applicable requirements would result in significant degradation of the property or to the land adjacent thereto; The joint access easement would require more construction and environmental degradation to accommodate both lots as opposed to the construction of the single driveway for Lot 1. The single access would require a longer driveway, and therefore would require the taking down of additional trees. - requiring the standard would not forward the purposes of this chapter or otherwise serve the public interest; Allowing a separate entrance for Lot 1 is contrary to the intent of Section 14 -404 of the Subdivision Ordinance, which is to reduce the number of entrances on state roads, and thus reduce conflict points with the flow of traffic. Also, the parcel contains three development rights, with the proposed division of only two lots, there will be a loss of one development right, which will reduce the number of lots in the rural area. - granting the waiver would not be detrimental to the public health, safety or welfare, to the orderly development of the area, to sound engineering practices, and to the land adjacent thereto; It appears the joint access easement would not provide the most safe and convenient access to both lots. The traffic volume as well as the speed of the vehicles on Dick Woods Road is significantly higher than on Dry Bridge Road. Therefore, the allowance of a new driveway on Dry Bridge road appears to provide a safer access than a joint access easement on Dick Woods Road. Therefore, granting the waiver would not appear to be detrimental to the public health, safety, welfare, or orderly development of the area. VDOT has field reviewed the proposed entrance location and found it to be adequate. (iii) the entrance complies with the design standards set forth in section 14 -410 (F) and 14 -410 (G) This requirement will be addressed as part of the review of the subdivision plat. (iv) the subdivider demonstrates to the agent prior to approval of the final plat that the waiver does not violate any covenants to be recorded for the subdivision. This requirement will be addressed as part of the review of the subdivision plat. RECOMMENDATION: Staff has reviewed the request in accordance with the requirements of Section 14- 404(C). While no alternative standard is recommended by the County Engineer, staff finds that if the requirements are enforced that it would result in significant degradation. The joint access easement would not provide the most safe and convenient access to both lots. Staff finds that the request to waive the requirement of Section 14- 404(A) is appropriate in this circumstance, and therefore recommends approval of this waiver. If the Planning Commission approves the request the following condition is recommended. CONDITIONS RECOMMENDED: 1. The subdivision plat shall be in general accord with the exhibit [Attachment B] with respect to proposed driveway locations and the limitation that the parcel be subdivided into no more than two lots. ATTACHMENTS: A. Detail/Location Map B. Proposed Layout C. Property owners request for waiver of 14- 404(A) D. Letter of support from adjacent landowner � `• /�/ Roads Streams o so ioo . Water Body M � s 9 �I Parcels OParcel of Interest Ll .1 f4f ni Wvbm Yr VIA :W ROGER W. RAY & ASSOC., INC. 1717 -1B ALLIED STREET CHARLOTTESVILLE, VIRGINIA 22903 TELEPHONE: (434) 293 -3195 FAX NUMBER: (434) 293 -4202 E -MAIL: RWRINC @EARTHLINK.NET Brian S. Ray, LS Roger W. Ray, LS Land Surveyors Land Planners Albemarle County Planning Commission January 12, 2007 401 McIntire Road Charlottesville, Virginia 22903 Attn: John Shepherd RE: Tax Map 73 Parcel 31A To Commission Members: As an agent for the property owner (Michael J. Weber and Alison P. Weber), and in accordance with Section 14 -225.1 of the Albemarle County Subdivision Ordinance, I am requesting a waiver of the strict condition of Section 14 -404.A requiring that proposed Lot 1 and proposed Lot 2, as shown on the attached sketch, shall have access to the building site from only one street, for the following reasons. 1. The existing house on Lot 2 was constructed around 1890 and has an existing driveway, garage, and outbuildings that support this historic dwelling. Sharing a joint use (2 -Lot Private Street) would require closing this driveway and constructing a new private street on or near the division line of proposed Lots 1 and 2. The construction of this new private road would require removal of a significant amount of mature trees and disturbing a large area of existing vegetation. 2. With the waiver of Section 14- 404.A, the existing driveway can continue to serve the existing dwelling on proposed Lot 2 (no additional impact). A new driveway can be constructed onto State Route 708, near the northwest corner of proposed Lot 1, that will be very near the probable building site, and cause minimal environmental impact to construct (see sketch). 3. Having the new driveway of proposed Lot 1 enter onto State Route 708 (a much less traveled road with the speed of the vehicles traveling along this road much less than on State Route 637) we believe to be a safer condition for the lot owner(s) and the traveling public. �k m* 4, This parcel has three development rights and could be divided into three lots. ay dividing the property as shown on the enclosed sketch (Lot I containing 3.0 acres, and Lot 2 containing 3.16 acres), one of the three theoretical development rights will not be usable. This will reduce the environmental impact of the third lot. I met on site with Charles Baber of VIDOT on February 28, 2007. The existing driveway onto State Route 637 and the proposed driveway onto State Route 708, each meet VDOT's requirements for sight distance, For the above concerns, we believe the waiver of Section 14w04eis justifiable and also meets the standard of good land planning. If you need additional information, please donv hesitate m contact me. Respectfully, Enclosure: 10 color copies vfsketch showing proposed Lot I and proposed Lot 2 for distribution to Planning Commission Members Copy: Michael J. & Alison P. Weber Page 1 of 1 Weber, Michael J • Cancer Center *HS From: Charlie Pettygrove [chartiep@ameripress.com] Sent: Thursday, August 16, 2007 12:26 PM To: mjw@Virginla.EDU Subject: Fw: Driveway Relocation Michael Thanks for the offer to walk your property, with you. Yesterday I got a letter from Albemarle County regarding your waiver application. It contained a simple tax map drawing. The drawing gave me a better feel for your property and what you are requesting. After reviewing it I do not think it necessary to walk the property. I have no issues with your waiver request and in fact would prefer that a second driveway be located on Dry Bridge Road. We do not ptan on attending the planning commission meeting but you are welcome to use this e-mail or we would be willing to write a more formal letter In support of your waiver application. Best of luck. Please feel free to call regarding this matter anytime. Charlie & Inger Pettygrove 4045 Dick Woods Road Charlottesville, Va. 22903 434.296-6921 8/16/2007 Existing frontage along State Route 708, Dry Bridge Road proposed new driveway location State Route 708, Dry Bridge Road SUB - 2007 -00240 Weber Subdivision .• • • • • ••• �•.• . • ••• '• • *f V SUB - 2007 -00240 Weber Subdivision i NITO re M NOT. ' # ,J if NPOP, 67, �M SUB - 2007 -00240 Weber Subdivision Existing frontage conditions of lot at State Route 637, Dick Woods Road State Route 637, Dick Woods Road 11 SUB - 2007 -00240 Weber Subdivision 1 I I �4 . lkwl�. �# Ao. R. 5 y� SUB -2 - e er u ivision WL"7 Available sight distance south towards intersection of Dick Woods and Dry Bridge Roads i SUB - 2007 -00240 Weber Subdivision Available sight distance looking towards 1 -64 at Dick Woods Road —7 Aam - SUB - 2007 -00240 Weber Subdivision Existing residential driveway for property at Dick Woods Road �. A9. -. State Route 637, Dick Woods Road SUB - 2007 -00240 Weber Subdivision